Terms of service

Last Updated on: February 13, 2021

Welcome to www.ponybackhats.com. This website and any of its subdomains (the “Website”) is operated by Ponyback Inc. (“Ponyback”, “we”, “us”, and “our”). Ponyback offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting the Website, you agree to be bound by the following terms and conditions (“Terms of Service”) including our Privacy Policy and those additional terms and conditions and policies referenced herein and incorporated by reference (collectively, our “Terms”). Our Terms apply to all users of the Website, including, without limitation, users who are just browsing, posting content or questions or purchasing a product.

PLEASE READ OUR TERMS CAREFULLY SINCE THEY ARE LEGALLY BINDING AND HAVE SECTIONS WHICH CONTAIN IMPORTANT INFORMATION ABOUT USE, RIGHTS, LIABILITY, OBLIGATIONS WHICH YOU MUST ABIDE BY, AND MATTERS RELATED TO DISPUTES, INCLUDING THE EXCLUSIVE USE OF ARBITRATION. 

BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH OUR TERMS AND CONDITIONS HEREIN AND OUR PRIVACY POLICY [hyperlinked]. IF YOU DO NOT AGREE TO OUR, YOU MUST NOT USE THE WEBSITE OR PURCHASE OUR PRODUCTS.  FOR ANY CLARIFICATION, PLEASE CONTACT US AT help@ponybackhats.com.

Note that all of the terms and conditions below are subject to the laws of the place where you live, and some of our Terms might not be binding on you under those laws.

1. AGE; RESTRICTIONS

    You must have reached the age of majority where you live and able to form legally binding contracts under applicable law. By agreeing to our Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. It is solely your responsibility to determine whether your use of this Website is lawful and you must comply with all applicable laws. In general, we target our data collection practices for North American users and do not hold ourselves as compliant with EU laws so use the Website at your own risk.

    In addition to restrictions on Section 12, you are prohibited from contributing, posting or transmitting to the Website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content.

    A breach or violation of any of our Terms may cause us to seek legal remedies against you. 

    2. OWNERSHIP

      We reserve the right to refuse service to anyone for any reason at any time.
      You understand that your content, not including credit card information, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

      The Website, its design, all text, graphics, content, video, logos, audio and the selection and arrangement of the Website are our or our licensors’ property, and are protected under the copyright laws of Canada and other countries. You agree not to reproduce, duplicate, copy, sell, resell or exploit any content or feature on the Website through which the products and services are provided without express written permission by us.

      The Website and all other related trademarks and design marks displayed on the Website (collectively, the “Trademarks”) are registered and common law trademarks of Ponyback. Other trademarks and design marks appearing on this Website are trademarks of their respective owners.   Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission by us or the other party that may own the applicable trademarks.

      3. PRIVACY

        You consent to the collection, use and disclosure of your personal information by us in accordance with the terms of and for the purposes set out in the Privacy Policy.

        4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

          We are not responsible if information made available on this Website is not accurate, complete or current.  In the event you purchase an item on the Website and we do not have the inventory as set out on the Website, we will notify you. Our only liability to you will be to either provide you a refund for any item we cannot provide or exchange the item for another one of your choice.

          5. MODIFICATIONS TO PRODUCTS AND PRICES


            Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product on the Website without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any item on the Website.

            6. PRODUCTS

              Our products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Returns Policy set out in Section 17 below.


              We have made every effort to display as accurately as possible the colors and images of our products that appear at the online store. We cannot guarantee that your computer monitor's display of any color will be accurate.


              We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion.  Any offer for any product made on this Website is void where prohibited.
               

              All prices quoted are payable in Canadian Dollars and do not include shipping charges and, unless otherwise stated, do not include GST, PST, QST, HST or any other value added tax.

              We do not warrant that the quality of any products, information or other material purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected.

              We reserve the right to correct errors at any time, subject to our review of the condition of the product. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

              7. ACCURACY OF BILLING AND ACCOUNT INFORMATION


                You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

                We rely on the information you provide through the Website, including, without limitation, registration information (name and email address), payment information (credit card numbers and expiration dates) and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information.


                For more detail, please review our Returns Policy set out in Section 17 below.

                8. OPTIONAL TOOLS

                  We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third parties. We may also, in the future, offer new features through the Website (including, without limitation, the release of new tools and resources). Such new features and/or services shall also be subject to our Terms.

                  9. THIRD-PARTY LINKS

                    Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

                    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

                    10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

                      If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in such comments.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or our Terms.

                      You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

                       

                      11. ERRORS, INACCURACIES AND OMISSIONS

                        Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including, without limitation, after you have submitted your order).
                        We undertake no obligation to update, amend or clarify information on the Website or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or the Website should be taken to indicate that all information on the Website has been modified or updated.

                        12. PROHIBITED USES


                          In addition to other prohibitions as set forth in our Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites or the Internet. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

                          13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

                            Please read our product safety page for more information regarding the care of your Ponyback hats.

                            Ponyback hats contain small Neodymium magnets. We have taken precautions to prevent the magnets from being accessed but accidents can sometimes occur and swallowed magnets can cause complications leading to serious infections and death, particularly in children and pets. Seek immediate medical attention if you suspect that your hat’s magnet has been swallowed or inhaled, whether by a child or a pet.   Keep damaged products away from children. 

                            Do not place products near credit cards or electronic devices, including mobile phones, computers, monitors, TVs, portable storage devices, etc. as the magnets may cause interference.

                            Contact us at help@ponybackhats.com if you have a question or if a hat is damaged or broken. 

                            EXCEPT AS EXPLICITLY PROVIDED IN OUR TERMS AS AMENDED FROM TIME TO TIME, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND/OR ANY CONTENT OR PRODUCTS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN NO CASE SHALL PONYBACK INC. , ITS  DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS  BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE WEBSITE OR ANY PRODUCTS PROCURED USING THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY INJURY  OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY PRODUCT OR COMMENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.

                            We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. We are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

                            We assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website. You agree that from time to time we may remove the Website for indefinite periods of time or cancel any feature or item on the Website at any time, without notice to you.

                            You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and any products procured using the Website are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

                            14. MAXIMUM LIABILITY

                              If we should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Website or its content, or any of the products offered on the Website, the liability of Ponyback will in no event exceed in the aggregate the amount paid by you under our Terms for the specific product to which the loss or damage relates.

                              15. ACKNOWLEDGEMENT

                                The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you, and we acknowledge that in that case, parts of our Terms will not be binding upon you. To the extent any jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

                                16. INDEMNIFICATION


                                  You agree to indemnify, defend and hold harmless Ponyback and our   officers, directors, and agents,      harmless from any claim or demand, including, without limitation, reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of our Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

                                  17. RETURNS

                                    If for any reason you are not completely satisfied with a product you have purchased, you may return the product in accordance with our Return Policy by contacting us at help@ponybackhats.com.

                                    18. TERMINATION

                                      As long as you are using the Website, our Terms shall apply.  The provisions above that follow the heading “Disclaimer of Warranties; Limitation of Liability” will survive for two years after you stop using the Website.

                                      19. GENERAL

                                        The relationship between Ponyback and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of our Terms or your use of the Website.

                                        The failure of us to exercise or enforce any right or provision of our Terms shall not constitute a waiver of such right or provision.
                                        Our Terms, together with those incorporated or referred to in our Terms and any policies or operating rules posted by us on this Website, constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior versions of these Terms of Service).
                                         No party has been induced to enter into our Terms in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in our Terms or in those incorporated or referred to in our Terms.

                                        Any ambiguities in the interpretation of our Terms shall not be construed against the drafting party.

                                        The headings used in our Terms are included for convenience only and will not limit or otherwise affect our Terms.

                                        Our Terms and any separate agreements whereby we provide you any goods or service shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You consent and submit to the exclusive jurisdiction of the courts located in the City of Waterloo, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Website and our Terms.

                                        Any dispute arising under our Terms which cannot be resolved by discussion between Ponyback and you shall be determined solely and exclusively by arbitration administered under the rules of the Arbitration Act (ON) (“Rules”). The arbitration shall be conducted in the English language in Toronto, Ontario, Canada. If the parties to the arbitration are unable to agree on an arbitrator, the arbitrator shall be selected under the Rules. Arbitration costs shall be borne by both parties equally unless the arbitration award directs otherwise. Except as otherwise provided herein, the arbitrator’s award shall be limited to compensatory damages against either party. The decision by the arbitrator shall be binding and conclusive on the parties and such determination shall constitute an award pursuant to an arbitration upon which judgment of a court having jurisdiction may be entered.

                                        In the event that any provision of our Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from our Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

                                        20. CHANGES TO TERMS OF SERVICE

                                          You can review the most current version of these Terms of Service at any time at this page.
                                          We reserve the right, at our sole discretion, to update, change or replace any part of our Terms by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to our Terms constitutes acceptance of those changes.

                                          21. CONTACT INFORMATION

                                            Questions about our Terms should be sent to us at help@ponyback.ca. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.